V.Abinaya v. Vignesh Manoharan

ORDER

These Civil Revision Petitions are filed by the petitioner/wife challenging the order passed by the learned V Additional Family Court, Chennai refusing to record the joint compromise memo filed by both parties along with memorandum of understanding dated 03.09.2025.

¶2The family Court refused to record the joint compromise memo filed, mainly on the ground that both of them made serious allegation against each other which also involved third parties.

¶3Now, the petitioner and the respondent in all the revisions namely husband and wife filed an affidavit stating that they are withdrawing all the allegations made against the other side in the respective O.Ps. They also agreed that they will not malign the character or cause any damage to the professional or personal reputation of each other or their respective family members, friends etc.

¶4The relevant averments made in the affidavit filed by the husband Vignesh Manoharan/ respondent in all the O.Ps read as follows. "4. (ix) the parties expressly agreed that they shall not malign the character, or cause any damage to the professional or personal reputation of each other or their respective family members, friends or social circle in future.

¶5In compliance with the direction of this Hon'ble Court, I hereby withdraw all the allegations made against the Petitioner in O.P Nos.2310 of 2022 and 2661 of 2022 and pray that all the matrimonial proceedings initiated by me and the petitioner may allowed to be withdrawn in terms of the MOU dated 03.09.2025 and the OP for mutual divorce pending before Principal Judge Family Court may be ordered to be numbered and decided by Principal Judge, Family Court.

¶5The undertaking made by wife/petitioner in all the O.Ps are reads as follows: "4. (ix) the parties expressly agreed that they shall not malign the character, or cause any damage to the professional or personal reputation of each other or their respective family members, friends or social circle in future.

¶5In compliance with the direction of this Hon'ble Court, I hereby withdraw all the allegations made against the Respondent in O.P Nos.4601 of 2021 and 4668 of 2021 and pray that all the matrimonial proceedings initiated by me and the Respondent may allowed to be withdrawn in terms of the MOU dated 03.09.2025 and the OP for mutual divorce pending before Principal Judge Family Court may be ordered to be numbered and decided by Principal Judge, Family Court.

¶6Since the parties filed affidavit withdrawing allegation made against other side, there will not be any impediment for the learned V Additional Judge, Family Court, Chennai, to record the joint memo filed by them along with the Memorandum of Understanding seeking permission to withdraw the respective O.Ps.

¶7Accordingly, the order passed by the learned V Additional Judge, Family Court, Chennai in all these O.Ps are set aside. The learned V Additional Judge, Family Court, Chennai is directed to pass formal order for withdrawal of the O.Ps, by recording Compromise Memo.

¶8Both the counsel appearing for the parties submitted that the application has been filed under section 13(B) of Hindu Marriage Act seeking divorce by mutual consent in SR 5320/2025 before the Family Court, Chennai. The Family Court is directed to take up the same for consideration and dispose it of in accordance with law as expeditiously as possible. Consequently, connected miscellaneous petitions are closed. No costs.

12.12.2025 Index : Yes / No Internet : Yes / No shl

S.SOUNTHAR , J. shl To The V Additional Family Court Chennai. CRP.Nos.5504, 6123, 6124 and 6130 of 2025 and CMP.Nos.27701, 30094, 30095 and 30104 of 2025

12.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.12.2025 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.Nos.5504, 6123, 6124 and 6130 of 2025 and CMP.Nos.27701, 30094, 30095 and 30104 of 2025 V.Abinaya ... Petitioner in all CRPs Vs. Vignesh Manoharan ...Respondent in all CRPs Prayer in CRP.No.5504 of 2025 :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the day order passed in O.P.No.4601 of 2021 dated 20.09.2025 on the file of the V Additional Family Court, Chennai and allow withdrawal memo filed by the petitioner and the respondent in O.P.No.4601 of 2021 pending on the file of the V Additional Family Court, Chennai to enable both the petitioner and respondent to pursue the 13(B) petition filed by them. Prayer in CRP.No.6123 of 2025 :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the day order passed in O.P.No.2310 of 2022 dated 20.09.2025 on the file of the V Additional Family Court, Chennai and allow withdrawal memo filed by the petitioner and the respondent in O.P.No.2310 of 2022 pending on the file of the V Additional Family Court, Chennai to enable both the petitioner and respondent to pursue the 13(B) petition filed by them. Prayer in CRP.No.6124 of 2025 :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the day order passed in O.P.No.4668 of 2021 dated 20.09.2025 on the file of the V Additional Family Court, Chennai and allow withdrawal memo filed by the petitioner and the respondent in O.P.No.4668 of 2021 pending on the file of the V Additional Family Court, Chennai to enable both the petitioner and respondent to pursue the 13(B) petition filed by them. Prayer in CRP.No.6130 of 2025 :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the day order passed in O.P.No.2661 of 2022 dated 20.09.2025 on the file of the V Additional Family Court, Chennai and allow withdrawal memo filed by the petitioner and the respondent in O.P.No.2661 of 2022 pending on the file of the V Additional Family Court, Chennai to enable both the petitioner and respondent to pursue the 13(B) petition filed by them. For Petitioner : Mr.S.Namasivayam For Respondent : Mr.S.Venkatesan COMMON